“The invaders were already there but they grabbed our land – they invaded;
those who were there before [were] Garifuna; and they also grabbed a large part
of what is currently in the expansion.”
195. According to the proven facts in the instant case, the Court notes that from
2007 to date, the village of Rio Miel has experienced a population growth, as indicated
in the 2013 field report, with 30 new houses, equivalent to a population increase of
29% (supra para. 104). Also, according to the AAAS report, the structures in the area
covered by the second title that, previously, had not been inhabited by people from Rio
Miel (zone 2-B), had increased from 7 in 2002 to 21 in 2013. The said report also
mentioned an increase in the deforestation of areas that previously were wooded and
in the reserve zone (supra para. 109). In the course of the on-site procedure
conducted by the Court, an overflight of the area of the expansion title was made
which corroborated that several parts of this area were deforested and/or used to grow
crops. Also, several members of the village of Rio Miel indicated that some of the said
increases in the occupation of the expansion area corresponded to plots that Garifuna
people had rented out to them in that area so that they could work the land. According
to the representatives, these “actions prove the failure to ensure effective security and
legal stability, because the stability of the lands has not been guaranteed.”
196. Even though the Court does not have updated information on whether this
growth entailed greater occupation of territory by the Rio Miel villagers and, specifically
of zone 2-B (the expansion territory), it finds it logical to infer that the said areas have
been progressively occupied by settlers who are not members of the Punta Piedra
Garifuna community and are being used mainly for cattle and crops.
197. Therefore, the Court notes that there has been a gradual increase in the thirdparty occupation by outsiders to the community of the territory included in the second
title deed granted in 1999, following the increase recorded in the 2007 Cadastral
Report.
B.3.2 The lands titled to Ambrocio Thomas Castillo and Sergia
Zapata Martinez, as well as others mentioned
198. The representatives requested the restitution of all the territory corresponding
to the second title, including certain lots previously titled to third parties.
199. It is worth recalling that the property title granted by the State in 1999
expressly excluded 46 hectares 1296.66 m2 which had been titled to two private
individuals: (i) Ambrocio Thomas Castillo, who had two lots, one of 22 hectares and
6,575.06 m2 and the other of 3 hectares and 6,197.99 m2, and (ii) Sergia Zapata
Martinez, who owned one lot of 19 hectares and 8,523.61 m2 (supra para. 98). It
should be noted that, during the visit, several people indicated that Ambrocio Thomas
Castillo was Garifuna and that he had already sold his lot to a third party who lives
there now (supra para. 106).
200. The Court notes that, in the instant case, the Punta Piedra community did not
object to the recognition of the lots of Ambrocio Thomas Castillo and Sergia Zapata
Martinez in the second property title (supra para. 100), which reveals that this has not
been contested before any domestic instance or the land claimed; therefore, it is not
incumbent on the Court to rule in this regard.
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